Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is your specific query about this situation please?
What action do you recommend?
Sorry I missed out the letter of resignation which I asked back became common knowledge on the factory floor as the PD leaked it. He then had the managers canvassed with a letter of complaint against me.
Is this not libel?
How long have you worked there for?
Has formal disciplinary action been taken against you?
No, I was advised the initial meeting was only investigative.
ok let me get my response ready please
At this stage there is no formal action being taken against you so do not assume the worst just yet. The employer should conduct a reasonable investigation into the allegations first before deciding on how to proceed. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.
On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.
So it is a 50/50 and even if this proceeds to a disciplinary you have rights to defend yourself and appeal any outcome.
In terms of the potential for dismissal, from what you have said I do not see any reasons that would be considered fair grounds for dismissal, especially for an employee with over 30 years’ service and, I presume, a clean disciplinary record. They would have to show some rather serious misconduct on your part to be able to justify a dismissal as being fair. What you have done will not amount to gross misconduct and at worst should result in a warning, which you can also appeal.
So at this stage it may be best to see where the employer takes this – you have plenty of opportunities left to fight any formal action taken against you, as far as claiming unfair dismissal in the employment tribunal, should it come to that.